CHAPTER VII. MURDER-MANSLAUGHTER. CONTENTS. SECTION 1. Murder defined. 2. Murder in the first degree. 3. Murder in the second degree. 4. Malice presumed. 5. Punishment for murder in the first degree. 6. Body of murderer may be given to surgeon for dissection. 7. Punishment for murder in the second degree. 8. Manslaughter defined-Punishment. 9. Under an indictment for murder, jury may return a verdict for manslaughter. 10. Death must ensue within a year and a day, from the injury inflicted. 1. Murder is the killing of any human being with malice aforethought, without authority, justification or extenuation by law. 2. Murder is of two degrees. The first degree of murder is that committed with deliberate premeditation; or in the commission of or attempt to commit rape, robbery or burglary; or any other crime punishable with death. 3. All murder committed without deliberate and premeditated malice, and all other murder not coming within the meaning of the preceding section, is murder of the second degree. 4. When the act of killing another is proved, malice aforethought shall be presumed, and the burden shall rest upon the party who committed the killing to show that it did not exist, or a legal justification or extenuation therefor. 5. Whoever is guilty of murder in the first degree, shall be punished by death. 6. In every case of a sentence to punishment by death, the court may, in their discretion, order the body of the convict, after his execution, to be dissected, and the Marshal in such case, shall deliver the dead body to any surgeon, who may wish to have the body for dissection. 7. Whoever is guilty of murder in the second degree, shall be punished by imprisonment at hard labor for a term of years not less than five nor more than twenty, in the discretion of the court. 8. The laws should make some allowance for human infirmity; therefore whoever kills another without malice aforethought, under the sudden impulse of passion, excited by provocation or other adequate cause, whether insult, threats, violence or otherwise, by the party killed, of a nature tending to disturb the judgment and mental faculties, and weaken the possession of self control of the killing party, is not guilty of murder but manslaughter; and shall be punished by imprisonment at hard labor not more than ten years, or by fine not less than one thousand dollars, nor more than ten thousand dollars. 9. Under an indictment for murder, the jury may return a verdict for murder in either degree or for manslaughter. 10. No person shall be adjudged to have killed another, unless death ensues within a year and a day from the injury inflicted. CHAPTER VIII. DUELING. CONTENTS. SECTION 1. Killing in a duel-Punishment. 3. Accepting a challenge. 4. Posting. 1. Whoever shall kill another in a duel, fought in pursuance of an appointment with, or the assent of the party killed, shall be adjudged guilty of murder in the second degree, and suffer the punishment prescribed therefor in the seventh chapter of this code. 2. Any person who shall engage in a duel, with any deadly weapon, although no homicide shall ensue; or shall challenge another to fight such duel, or shall send or deliver any written or verbal message purporting or intended to be such challenge, although no duel shall ensue, shall be punished by a fine not exceeding one thousand dollars; and shall be incapable of holding any office or place of honor, profit or trust, under the constitution or laws of this kingdom. 3. Any person who shall accept any such challenge, or who shall knowingly carry or deliver any such challenge or message, whether a duel ensue or not; and any person who shall be present at the fighting of a duel that is fought with deadly weapons, as an aid, second or surgeon; or who shall advise, encourage or promote such duel, shall be punished by a fine not exceeding five hundred dollars, and incapacitated as mentioned in the preceding section for the term of ten years after the conviction of such offence. 4. Any person who shall post another, or, in writing or print, use any reproachful or contemptuous language, to or concerning another, for not fighting a duel, or for not sending or accepting a challenge, shall be punished by a fine not exceeding two hundred and fifty dollars. CHAPTER IX. ASSAULT AND BATTERY. SECTION 1. Assault defined. CONTENTS. 7241 2. Battery-assault and battery-defined. 3. Maiming or disfiguring. 4. Assault with intent to murder, maim or disfigure. 5. Assault with a dangerous weapon with intent to commit burglary, robbery, manslaughter or murder. 6. Without a dangerous weapon, with intent to commit burglary, robbery, &c. 7. Assault or assault and battery on any public officer. 8. Assault or assault and battery with a knife, sword cane, &c. 9. Slight corporal injuries. 1. An assault is a malicious attempt forcibly to do a corporal injury to another without authority or justification by law. 2. A battery, or an assault and battery, is the malicious and forcible infliction of a corporal injury on another, without authority or justification by law. 3. Whoever with malicious intent to maim, or disfigure, or mutilate, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or destroy or disable any limb, member or bodily organ of another, shall be punished by a fine not exceeding one thousand dollars, and imprisonment at hard labor not exceeding ten years. 4. Whoever shall assault another, with intent to murder, or to maim or disfigure his person in any of the ways mentioned in the pre |